Agenda item

Committee considered a detailed report in relation to the above application presented by the Development and Land Charges Manager who gave details of the application and highlighted the location and features of the site and key issues.  The application sought approval for the erection of 74 dwellings (including 7 affordable dwellings) and associated infrastructure including street layout, public open space and drainage.  The Committee was advised of a further representation which had been received from Ms S Nicholls (one of the speakers) which comprised of a photograph and plan copies of which were provided to members.

 

As a point of clarification the Development and Land Charges Manager advised that a new link road was being provided by the developer on the adjacent Woodhall Homes site.  The applicant’s commitment to contribute £200,000 to a link road could be used to explore options for a link road to be formed through the site in circumstances where this development did not come forward.  If the link road through the adjacent site was to come forward the money would need to be returned to the developer, as it would no longer meet CIL regulation tests.

 

It was confirmed that any proposed increases to the numbers of affordable properties above 10% was subject to negotiation with developers but could make developments unviable.  This application had to be considered on the Development Plan which currently had a 10% affordable properties criteria and any ambitions to increase this to 15% would need to be explored as part of any review.

 

In response to Councillor Wood’s comments that this was an ancient habitat which should be retained, the Development and Land Charges Manager confirmed that the application had been submitted before the biodiversity requirements became law.  There would be some loss but there would also be some onsite enhancements and net gains elsewhere.

 

Ms S Nicholls attended the meeting and spoke against the application.

 

Mr G Morris attended the meeting and spoke against the application.

 

Ms C Stainton (agent) attended the meeting and spoke in support of the application.

 

Ms Stainton provided the following responses to members’ questions:

 

• in response to Councillor Smith’s question whether the number of affordable properties could be rounded up rather than down, Ms Stainton responded that the application was policy compliant and any changes would be subject to negotiation.

 

• the distance between the speaker’s property and the new property was 34 metres which was in excess of the required 12 metres and there had never been any proposal for a bungalow instead of the proposed 4 bedroom property.

 

• native trees would be planted on the estate as specified by the Derbyshire Wildlife Trust.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Phil Smith and following a vote

 

For the motion: 6

Against the motion: 1

 

It was therefore RESOLVED that application be approved subject to the following conditions and prior entry into a Section 106 Agreement, with delegated authority being granted to officers to grant the final decision on completion of a Section 106 Agreementand negotiations which sought to maximise affordable delivery on site. If any revisions to the Section 106 were proposed, then the application would be referred back to Planning Committee.

 

Conditions:

 

1.   The development shall be begun before the expiration of three years from the date of this permission.

 

2.    Except where otherwise stated in the conditions below, the development hereby permitted shall be carried out in accordance with the documents and plans listed below:

 

• Revised site location plan – JHY/OLB/PH3/LP/01B; 20 Dec 24.
• Phase 2 soft landscaping plan general arrangement – 2100 Rev F; 11 Dec 24
• Phase 2 soft landscaping plan detailed layout 1 of 4 – 4124/2101 Rev F; 11 Dec 24
• Phase 2 soft landscaping plan detailed layout 2 of 4 – 4124/2102 Rev F; 11 Dec 24
• Phase 2 Soft Landscaping plan detailed layout 3 of 4 4124/2103 Rev F; 11 Dec 24
• Phase 2 Soft landscaping plan detailed layout 4 of 4 – 4124/2104 Rev F; 11 Dec 24
• Proposed phase 2 landscaping metric (for offsite BNG) – Xcel format; 11 Dec 24
• Transport Assessment (Sanderson Associates); 4 dec 24
• Travel Plan (Sanderson Associates); 4 Dec 24
• Revised site layout – JHY/OLB3/SL01D; 29 Nov 24
• Ornamental fence detail – ORN/1011; 29 Nov 24
• Soft Landscape plan 1 of 3 – General arrangement – 4131/2100/Rev L; 29 Nov 24
• Landscape plan 2 of 3 – detailed layout – 4131/2101/Rev L; 29 Nov 24
• Landscaping plan 3 of 3 – detailed layout – 4131/2102/Rev L; 29 Nov 24
• Off site Biodiversity Net Gain at Wild Whittington Quote proposal – Wild Solutions and Derbyshire Wildlife Trust (19 November 2024); 28 Nov 24
• Landscape Management Area Plan – 4131/2103/Rev A; 28 Oct 24
• The Banbury House type – plots 319, 324 and 362 – OX/BN/V1 Rev B; 28 Oct 24
• The Banbury house type – plots 341, 366, 367, 374 – OX/BN/V3 Rev B; 28 Oct 24
• The Banbury Opp – plot 312 – OX/BN/V5; 28 Oct 24
• The Banbury house type - plot 318 – OX-BN-V2B; 28 Oct 2024
• The Buckley Corner Turner – plot 306 – OX/BUC/CT/V2/ST Rev A; 28 Oct 24
• The Buckley NDSS As Hipped Street Style A – plots 310, 311, 334, 344, 348 - OX/BUC/V1 Rev A; 28 Oct 24
• The Buckley NDSS Opp Hipped Street Style A – plots 305, 320, 332, 335, 350, 351, 357, 358 – OX/BUC/V2 Rev A; 28 Oct 24
• The Buckley NDSS As Hipped Stone Elevation – plot 345 – OX/BUC/V3 Rev A; 28 Oct 24
• The Bentley Hipped Roof As Street Scene Style C – Plots 303, 307, 309, 317, 327, 337, 342, 352, 355, 363, 373 – OX/BY/V1 Rev B; 28 Oct 24
• The Bentley Gabled Roof Opp Street Scene Style A - Plots 308, 330, 338, 343, 353, 356 – OX/BY/V2 Rev B; 28 Oct 24

 

• The Bentley - Gabled Roof Street Scene Style C - Plots 328 & 346 – OX/BY/V3 Rev B; 28 Oct 24
• The Bentley Hipped Roof Opp Street Scene Style A - Plots 329,347, 349, 354, 360 – OX/BY/V4 Rev B; 28 Oct 24
• The Handforth NDSS Floor Layout & Elevation – Plots 315, 316, 368-372 – OX/HAND/V1 Rev A; 28 Oct 24
• THE HOLLIN A - PLOT 359 – OX/HN/135 Rev B; 28 Oct 24
• THE HOLLIN A - PLOT 333 – OX/HN/333; 28 Oct 24
• THE HOLLIN A - PLOT 336 – OX/HN/336; 28 Oct 24
• THE HOLLIN B - Plots 304 & 365 – OX/HN/B/V2 Rev B; 28 Oct 24
• The Hollin B - Plot 364 – OX/HN/B/V3 Rev B; 28 Oct 24
• The Keswick NDSS – OX/KES/V1; 28 Oct 24
• Dry Stone Wall Entrance 3 - OX2-DWE-03; 28 Oct 24
• Dry Stone Wall Entrance 4 - OX2-DWE-04; 28 Oct 24
• Biodiversity Metric Calculations; 28 Oct 24
• ADDENDUM TO AES-LTD LETTER 24th JUNE, 2024 - Applied Ecological Services ltd; 28 Oct 24
• Amended Design and Access Statement; 28 Oct 24
• House Types Materials Schedule; 28 Oct 24
• Arboricultural Impact Assessment – Iain Tavendale; 3 July 24
• Archaeological geophysical survey (Project No. ARC/3604/1410) – Phase Investigations; 3 July 24
• Amended application form; 28 June 24
• Bat Survey Report – Applied Ecological Services; 27 Sept 23
• Breeding Bird Surveys 2022 – Applied Ecological Services; 27 Sept 23
• Ecological Appraisal – Applied Ecological Services; 27 Sept 23
• Boundary treatment plan – JHY/SDL 49 Rev D; 7 Sept 23
• Detached Single Garage Plan - SDL-2022-092 Rev B; 7 Sept 23
• Detached Double Garage - SDL-2022-094 Rev B; 7 Sept 23
• Twin Garage – SDL-2022-095B; 7 September 23
• Brick Boundary wall and Piers with Cast Stone Coping & Frontage Fence – SF13 BOLS; 7 Sept 23
• Flood Risk Assessment - Fortem Civil Engineering (July 2023); 7 Sept 23
• Heritage Assessment – Wardell Armstrong; 7 Sept 23
• Geotechnical And Geo-Environmental Site Investigation – Eastwood and Partners – Issue 1 May 2022; 7 Sept 23
• Existing site levels; 7 Sept 23
• Proposed site / finished floor levels – 1088-204; 7 Sept 23
• Arboricultural Impact Assessment – Iain Tavendale; 7 Sept 23

3.    The feature drystone walls shall be provided in accordance with the details submitted on the 29 November 2024 as detailed under condition 2 above, constructed from natural magnesian limestone, laid in courses and with a mortar specification all in accordance with the drystone walls constructed on phase 2.

 

4.    The on-plot boundary fences and walls as detailed in the approved site layout under condition 2 above shall be constructed before the respective dwellings are occupied.

 

5.    Prior to the occupation of plots 307, 308 and 309, the boundary fencing as detailed on the Ornamental fence detail plan ORN/1011, received on the 29 November 2024 shall have been constructed in accordance with the approved details, and retained as such for the life of the development.

 

6.    Notwithstanding the submitted details, details of the vehicle preventative measures to be installed on the pedestrian entrance onto Mill Walk, and a time scale for their implementation shall be submitted to and approved in writing.  The measures shall be installed in accordance with the approved details and retained as such for the life of the development.

 

Archaeology

 

7.    a) No development shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing, and until any pre-start element of the approved scheme has been completed to the written satisfaction of the local planning authority. The scheme shall include an assessment of significance and research questions; and

 

i). The programme and methodology of site investigation and recording

ii). The programme for post investigation assessment

iii). Provision to be made for analysis of the site investigation and recording

iv). Provision to be made for publication and dissemination of the analysis and records of the site investigation

v). Provision to be made for archive deposition of the analysis and records of the site investigation

vi). Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

 

b) No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition (a).

 

c) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition (a) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured.

 

Biodiversity

 

8.    No stripping, tree or hedge removal, or vegetation clearance shall take place between 1^st March and 31st August inclusive, unless preceded by a nesting bird survey undertaken by a competent ecologist no more than 48 hours prior to clearance. If nesting birds are present, an appropriate exclusion zone must be implemented and monitored until the chicks have fledged. No works shall be undertaken within exclusion zones whilst nesting birds are present.

 

9.    No development shall take place (including demolition, ground works, vegetation clearance and movement of plant, machinery and materials) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority.  The CEMP (Biodiversity) shall include the recommendations included in the Ecological Appraisal (AES Ltd., September 2023). It shall be produced by an ecologist and shall include the following.

 

a) Risk assessment of potentially damaging construction activities.

b) Identification of “biodiversity protection zones”.

c) Translocation methodology for orchids.

d) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction.

e) The location and timing of sensitive works to avoid harm to biodiversity features.

f) The times during construction when specialist ecologists need to be present on site to oversee works.

g) Responsible persons and lines of communication.

h) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

i) Use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

10.    A Landscape and Biodiversity Enhancement and Management Plan (LBEMP) shall be submitted to, and be approved in writing by, the LPA prior to the commencement of the development. The aim of the LBEMP is to provide details for the creation, enhancement and management of habitats and species on the site post development, in accordance with the proposals set out in the submitted Biodiversity Metric. The LBEMP should combine both the ecology and landscape disciplines and shall be suitable to provide to the management body responsible for the site. It shall include the following:-

 

a) Description and location of features to be retained, created, enhanced and managed, as per the approved biodiversity metric (V3d).

b) Aims and objectives of management, in line with desired habitat conditions detailed in the metric.

c) Appropriate management methods and practices to achieve aims and objectives.

d) Prescriptions for management actions.

e) Preparation of a work schedule (including a 30-year work plan capable of being rolled forward in perpetuity).

f) Details of the body or organization responsible for implementation of the plan.

g) A monitoring schedule to assess the success of the habitat creation and enhancement measures at intervals of 1, 2, 3, 5, 10, 20 and 30 years.

h) Monitoring reports to be sent to the Council at each of the intervals above

i) A set of remedial measures to be applied if conservation aims and objectives of the plan are not being met.

j) Detailed habitat enhancements for wildlife, in line with British Standard BS 42021:2022.

k) Requirement for a statement of compliance upon completion of planting and enhancement works.

 

The LBEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The approved plan will be implemented in accordance with the approved details.

 

11.    Prior to the installation of any lighting fixtures in public open spaces, a detailed lighting strategy for the public open space shall be submitted to and approved in writing by the LPA to safeguard bats and other nocturnal wildlife.  This should provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers. Dependent on the scale of proposed lighting, a lux contour plan may be required to demonstrate acceptable levels of light spill to any sensitive ecological zones/features. Guidelines can be found in Guidance Note 08/23 - Bats and Artificial Lighting at Night (BCT and ILP, 2023). Such approved measures will be implemented in full.

 

12.    Should any hedges proposed for retention become damaged during development, they shall be replaced be replaced in the first available planting season, in a double staggered row at 30 cm centres. Thereafter they shall be retained and maintained in accordance with the approved landscaping plans provided in condition 2 above.

 

13.    If within a period of five years from the date of the planting of any tree or shrub shown on the approved landscaping scheme, that tree or shrub may die, be removed, uprooted or become seriously damaged it shall be replaced by another of the same species during the first available planting season, unless a variation of the landscaping scheme is approved in writing with the Local Planning Authority.

 

14.    Prior to commencement of development, the developer shall submit evidence to the Local Planning Authority that the Habitat Bank units to compensate for habitat loss on site have been purchased, and the units have been registered to the development hereby approved.

 

Highways

 

15.    The Development hereby approved shall not be occupied until the access, parking and turning facilities have been provided as shown on drawing JHY/OLB3/SL01D.

 

16.    No individual dwelling in the Development hereby approved shall be occupied until sheltered, secure and accessible bicycle parking has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority. The storage area shall be maintained for this purpose thereafter.

 

 

17.    The Residential Travel Plan hereby approved, dated December 2024 shall be implemented and monitored in accordance with the regime contained within the Plan. In the event of failing to meet the targets within the Plan a revised Plan shall be submitted to and approved in writing by the Local Planning Authority to address any shortfalls, and where necessary make provision for and promote improved sustainable forms of access to and from the site. The Plan thereafter shall be implemented and updated in agreement with the Local Planning Authority and thereafter implemented as amended.

 

18.    Prior to commencement of the development hereby permitted details of a construction management plan shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall be adhered to throughout the construction period. The plan/statement shall include but not be restricted to:

 

• Parking of vehicle of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction);
• Advisory routes for construction traffic;
• Any temporary access to the site;
• Locations for loading/unloading and storage of plant, waste and construction materials;
• Method of preventing mud and dust being carried onto the highway;
• Arrangements for turning vehicles;
• Arrangements to receive abnormal loads or unusually large vehicles;
• Highway Condition survey;
• Methods of communicating the Construction Management Plan to staff, visitors and neighbouring residents and businesses.

Reason: In the interests of safe operation of the adopted highway in the lead into development both during the demolition and construction phase of the development.

 

19.    No above ground works or development shall take place until full details of all proposed street tree planting, root protection systems, future management plan, and the proposed timescale for planting, have been approved in writing by the local planning authority.  The approved tree planting shall thereafter be carried out in accordance with those details.

 

Reason: To ensure the continued wellbeing of the trees in the interests of the amenity and environmental quality of the locality.

 

Drainage

 

20.    The development shall be carried out in accordance with the details shown on the submitted plan, "'Flood Risk Assessment' (Rev 2) prepared by Fortem, dated 14/07/23", unless otherwise agreed in writing with the Local Planning Authority.

 

 

21.    No development shall take place until a detailed design and associated management and maintenance plan of the surface water drainage for the site, in accordance with the principles outlined within:

 

a. FORTEM. (09/11/2023). Flood Risk Assessment. 1088-R003-V3. including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team

 

b. And DEFRA’s Non-statutory technical standards for sustainable drainage systems (March 2015), have been submitted to and approved in writing by the Local Planning Authority.

 

22.    Prior to commencement of the development, the applicant shall submit for approval to the LPA details indicating how additional surface water run-off from the site will be avoided during the construction phase. The applicant may be required to provide collection, balancing and/or settlement systems for these flows. The approved system shall be operating to the satisfaction of the LPA, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.

 

23.    Prior to the first occupation of the development, a verification report carried out by a suitably qualified independent drainage engineer must be submitted to and approved by the Local Planning Authority. This must demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management company and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).

 

Contamination

 

24.    No dwellings hereby approved shall be occupied until:

 

The remedial works identified in the report ref 46420 have been undertaken in accordance with a scheme approved by the Local Planning Authority. The works shall ensure that the development will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

a) If during the construction works associated with the development hereby approved any suspected areas of contamination are discovered, then all works shall be suspended until the nature and extent of the contamination is assessed and a report submitted and approved in writing by the Local Planning Authority and the Local Planning Authority shall be notified as soon as is reasonably practicable of the discovery of any suspected areas of contamination. Where the site investigation and risk assessment shows that further remediation is required, a remediation scheme shall be prepared and submitted to the Local Planning Authority for written approval, and the approved remediation scheme implemented.

 

b) Upon completion of the remediation works required above, a validation report prepared by a competent person shall be submitted to and approved in writing by the Local Planning Authority. The validation report shall include details of the remediation works and Quality Assurance/Quality Control results to show that the works have been carried out in full and in accordance with the approved methodology.  Details of any validation sampling and analysis to show the site has achieved the approved remediation, together with the necessary waste management documentation shall be included.

 

25.    Construction works on the site and deliveries to the site shall be undertaken only between the hours of 07.30am to 6pm Monday to Friday and 7.30am to 1pm on Saturday. There shall be no work undertaken on site or deliveries to the site on Sundays or public holidays.

 

Advisory notes

 

1.     This site is subject to a Planning Agreement under the terms of S106 of the Town and Country Planning Act 1990 (As amended), and any developer should be aware of the content of that agreement and the need to meet its requirements in addition to the conditions attached to this permission.

 

2.     In accordance with condition 20 above (Yorkshire Water), If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he/she should contact our Developer Services Team (telephone 03451 208 482, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Code for Adoption - a design and construction guide for developers' as supplemented by Yorkshire Water's requirements.

 

3.     The proposed development is situated within a Smoke Control Area. This has legal implications for the type of solid fuel appliance which may be installed in the proposed development and types of solid fuel which may be burnt in these appliances. Further information is available at https://www.gov.uk/smoke-control-area-rules

 

4.     (a) Subject to acceptance of the SuDS design by DCC (LLFA), the developer shall submit an Operation and Maintenance Plan (in accordance with section 32 of the SuDS Manual) which provides details of the arrangements for the lifetime management and maintenance of the SuDS features together with contact details. ( a copy to be kept by Engineering Services )

 

(b) The sewer records do not show any public sewers within the curtilage of the site. However, there may be the possibility of unmapped public sewers which are not shown on the records but may cross the site of the proposed works. These could be shared pipes which were previously classed as private sewers and were transferred to the ownership of the Water Authorities in October 2011. If any part of the proposed works involves connection to / diversion of / building over / building near to any public sewer the applicant will need to contact Yorkshire Water in order to determine their responsibilities under the relevant legislation.

 

(c) All proposals regarding drainage will need to comply with Part H of the Building Regulations 2010.

 

(d) It is essential that any work carried out does not detrimentally alter the structure or surface of the ground and increase or alter the natural flow of water to cause flooding to neighbouring properties. The developer must also ensure any temporary drainage arrangements during construction gives due consideration to the prevention of surface water runoff onto the public highway and neighbouring properties.

 

5.        The developer is advised to work with broadband providers to ensure NGA broadband services are incorporated as part of the design of new development. However, if it can be shown that this would not be possible, practical, or economically viable, in such circumstances, suitable ducting should be provided within the site and to the property to facilitate future installation.  Guidance on the characteristics of qualifying NGA technologies is available from The Department for Digital, Culture, Media, and Sport.

 

6.        Derbyshire County Council Lead Local Flood Authority has provided a set of advisory notes dated 22 November 2023 which will need to be adhered to, and which can be viewed in full on the Council’s website.

 

7.        The Derbyshire County Council Highway Authority has provided a set of advisory notes dated 17 December 2024 which will need to be adhered to, and which can be viewed in full on the Council’s website.